Whether signing a lease with others or moving in on an existing lease, you need to know what your options are....
Residential Tenancies
Shared Tenancies
This arrangement involves two or more individuals agreeing to share a rental home
Bond Requirements: each Tenant must pay an equal share of the total bond for the rental home
Legal Obligations: all Tenants are jointly and severally liable for the rental home and the lease agreement
Notice to Vacate: all Tenants must enter and exit the rental home at the same time
General Benefits: communications with the Managing Agent are inclusive of all Tenants; a whole property lease can offer fewer conditions and greater security
Common Pitfalls: subject to all Tenants agreeing to the term and conditions of the lease; in the event of a dispute, it will likely resolve that financial expenses are split equally not necessarily fairly in consideration of the actions of each individual Tenant. all tenants must sign all leases and related documents to make them legally binding, any one tenants actions are considered as all of the tenants
Sub-Let Tenancies
Bond Requirements: equivalent to two weeks of the rent paid to the Head-Tenant
Legal Obligations: Sub-Tenants are obliged to honour any Agreements that the Head-Tenant has entered and has made them aware of; Sub-Tenants may be subject to any term or conditions agreed to in the ' House Rules'
Notice to Vacate: a 'fixed term' agreement with the Head-Tenant will define when you can move in and when they must move out; a 'periodic term' agreement allows the Sub-Tenant to end the Tenancy, two weeks after they have given the Head-Tenant written notice of their vacate date
General Benefits: tenancy application criteria will be reduced or may not apply, flexibility and discretion of sub-tenancy arrangements; generally not subjected to routine inspections
Common Pitfalls: Head-Tenant has increased responsibilities, a Sub-Tenant lease can include trivial conditions and offers less security than a whole property lease
Rooming Houses
Lodging Rooms
Bond Requirements: bond is equivalent to two weeks lodgings
Legal Obligations: Sub-Tenants may be subject to any term or conditions agreed to in the 'House Rules'; Liability is limited to the individual room and Lodgers actions in the common areas
Notice to Vacate: a 'fixed term' agreement with the Proprietor will define when the Lodger can move in and when they must move out; a 'periodic term' agreement allows the Lodger to end the Tenancy, two weeks after they have given the Proprietor written notice of their vacate date
General Benefits: independent lease agreement, lower rent costs, personal belongings and furnishing can be installed/stored in room (with permission of Proprietor), commercial grade furnished common areas, social environment, makes sharing resources accessible
Common Pitfalls: limited decision about who shares the home, strict application criteria, must furnish own room, metered electricity and gas charges payable, storing of belongings and some behaviour is restricted to certain areas of the property
Boarding/Vacation Rooms
Bond Requirements: bond amount is set by the Proprietor
Legal Obligations: Sub-Tenants may be subject to any term or conditions agreed to in the 'House Rules'; Liability is limited to the individual room and Lodgers actions in the common areas
Notice to Vacate: a minimum of one rent period. e.g; if the room is leased on a 'daily charge' then one days notice is required, but if on a 'weekly charge', one week is required, for a 'monthly charge' one month's notice is required, etc.
General Benefits: independent lease agreement, weekly charge includes utilities, gas, water and internet, no furnishing required (except linen), cleaner attends regularly, meals may also be included by negotiation, commercial grade furnished common areas
Common Pitfalls: no decision about who shares the home, no application criteria applies, lack of storage space, comprehensive house rules, charged a premium for the convenience, minimal security for lease or property, limited storage space, curfews and service times may apply
Mount Barker Property Management recommends that you seek advice from a Reputed Tenancy Officer prior to entering a Lease Agreement for a shared home. There are both privately owned businesses and government funded organisations that provide information and advice for Residential Tenancies. Some Tenancy Advice Services are free of charge while others may attract a fee.
